HomeMy WebLinkAboutLtr. to Con Comm Chair Lee_10-03-23Friends of the Centerville Cranberry Bog Preservation, Inc.
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Via Email
October 3, 2023
Hon. F.P “Tom” Lee
Chairman
Town of Barnstable Conservation Commission
c/o darcy.karle@town.barnstable.ma.us
200 Main Street
Hyannis, Massachusetts 02601
Dear Chairman Lee,
On behalf of the Friends of Centerville Cranberry Bog Preservation, Inc (“the Friends”), and
hundreds of its supporters, I am writing to express concerns about the enormous fence recently
erected around a portion of the protected wetlands situated at 1246 Bumps River Road, Centerville.
In light of these concerns, we request that the Commission undertake a site inspection because the
fence as installed does not comply with the Wetlands Permit Plan reviewed and accepted by the
Massachusetts Department of Environmental Preservation (“the Mass DEP”) in connection with
its issuance of a Superseding Determination of Applicability and filed with the Town of Barnstable.
(A copy accompanies this letter for ease of reference.)
Background: You will recall that the proposed installation of this fence was the subject of
extensive hearings and submissions to the Conservation Commission in August and September
2021. The property at 1246 Bumps River Road, formerly cultivated as a cranberry bog enrolled in
the Town of Barnstable’s farmland tax assessment program, was purportedly sold to an individual
who then transferred his interest to Bog Partners LLC, a limited liability company. On July 16,
2021, Bog Partners LLC applied to the Conservation Commission to erect a very tall and very long
fence on a portion of the protected wetlands. The Commission conducted public hearings to discuss
the proposed fence in both August and September 2021. At those hearings, dozens of Centerville
residents, supported by environmental consultant Lynne Whiting Hamlyn and wildlife experts Dr.
Eric G. Strauss and Dr. Jonathan G. Way, appeared before the Commission to express their serious
concerns over the impact of the fence on the wildlife that inhabits or depends on the protected
wetlands. This apprehension was openly shared by some Commission members, who questioned
the reason for the fence as well as its height and its length and wondered about possible alternatives
and/or modifications to the fence as proposed.
Bog Partners LLC’s environmental consultant Arlene M. Wilson, PWS, submitted a letter in
response to questions and comments raised by Commissioners, Ms. Hamlyn, Drs. Strauss and Way,
and members of the general public at the Commission’s August 10 meeting. The letter, dated
August 31, 2021, was accompanied by a Wetlands Permit Plan, revised as of August 18, 2021,
detailing the height and finish of the proposed chain link fence. (Copies of Ms. Wilson’s letter,
with added highlighting, and the revised Plan accompany this letter for ease of reference.) In her
letter, Ms. Wilson emphasized that the fence would (a) average no taller than 6 feet; (b) have a gap
of between 6 and 10 inches—but never fewer than 6 inches—between the its rail and the surface
Letter to Chair F.P. “Tom” Lee
October 3, 2023
Page 2
of the ground; and (c) be made of black chain link whose jagged wire ends at both the top and
bottom would be enclosed or sealed so as to prevent animals from being entangled or injured.
Accordingly, the revised Plan includes two details: one depicts a typical wildlife opening and the
other a typical fence section, which clarifies that the maximum height of the fence is measured
from the ground to the top rail and includes the required gap.
In issuing its Negative Superseding Determination of Applicability, the Mass DEP referred to the
revised Plan to find that “…[t]he fence is open on both ends and does not enclose any area. A gap
between the ground and the bottom of the fence will be no less than 6”. Three wildlife openings
divide the fence into four separate sections as shown on the [Wetlands Permit Plan, dated August
18, 2021]. Each wildlife opening is offset with an unattached fence section leaving two gaps no
less than 18” wide from top to bottom.”
Current situation: Following the installation of the fence, many people observed that the fence
appears to be out of conformity with the average height and minimum gap details noted in Ms.
Wilson’s letter, the Mass DEP’s Negative Superseding Determination of Applicability, and detailed
on the Wetlands Permit Plan. To confirm these observations, a series of measurements was taken
(please see the accompanying spreadsheet). Additionally, the fence is not open at its ends but has
padlocked gates, and the top and bottom edges of the chain link are not enclosed or sealed at the
rails. The accompanying photos of the fence depict each of these areas of apparent nonconformity.
Furthermore, several people have questioned whether the gaps for wildlife in the fence openings
are at least 18” wide from top to bottom.
Requested action: In light of the foregoing, the Friends request the Commission to conduct a site
inspection at 1246 Bumps River Road, Centerville, and thereafter place this matter on a meeting
agenda so that members of Commission and the general public can discuss fully their concerns.
Sincerely,
Mary St. George
Vice President
cc: Hon. Louise Foster, Vice Chair
Hon. John Abodeely
Hon. George Gilmore
Hon. William Hearn
Hon. Peter Sampou
Hon. Angela Tangney
Hon. Paula K. Schnepp, Town Council Liaison to the Conservation Commission
Ms. Ann Canedy, Chair, Land Acquisition and Preservation Committee
Mr. Lindsey Counsell, Chair, Community Preservation Committee